constitution - The constitution is defined as a set of fundamental principles or established precedents according to which a state or other organization is governed.

The Constitution (1897) is the fundamental law of the land in the Philippines. It established the structure, policies, roles, and duties of the Philippines' government.

Revolution of the Philippine constiTUTION

The constitution is defined as a set of fundamental principles or established precedents according to which a state or other organization is governed.

Constitution or the Philippines, the Supreme law of the Republic of the Philippines has been effect since 1987.

• The 1935 Commonwealth Constitution

• The 1973 Constitution

• The 1986 Freedom Constitution

Start of the Revolution

• The Philippine Revolution began in August 1896, led by the Katipunan, a secret revolutionary society founded by Andres Bonifacio.

• Objective: Overthrow Spanish rule after more than three centuries and establish an independent Filipino nation.

• By 1897, Emilio Aguinaldo emerged as a prominent leader following the Tejeros Convention.

• Internal conflicts led to a leadership shift from Bonifacio to Aguinaldo.

• Aguinaldo's leadership marked a more organized and effective phase of the revolution.

Spanish Colonial Rule and Grievances

Colonial Exploitation:

Filipinos suffered heavy taxation, forced labor, and lacked political representation.

Religious Control

Spanish friars wielded significant power over land and local governance, causing widespread resentment.

Strategic Retreat and Establishment of Biak-na-Bato

• Military Pressure: Facing intense Spanish military pressure, revolutionaries sought a strategic retreat.

• Biak-na-Bato: Located in San Miguel, Bulacan, offered defensible terrain crucial for regrouping.

• Biak-na-Bato Republic: Established to unify revolutionary efforts and negotiate with the Spanish.

THE BIAK OF BATO

CONSTITUTION

THE JIMAGUAYU

CONSTITUTION

Isabelo Artacho

It was a provisionary Constitution of the Philippine Republic during the Philippine Revolution, and was promulgated by the Philippine Revolutionary government on November 1, 1897.

It was borrowed from Cuba, and was written by Isabelo Artacho and Felix Ferrer in Spanish, and later, translated into Tagalog.

The organs of government under this Constitution were:

1. Supreme Council

Vested with the power of the Republic, headed by the president and four department secretaries: the interior, foreign affairs, treasury, and war.

2. The Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice) -

given the authority to make decisions and affirm or disapprove the sentences rendered by other courts and to dictate rules for the administration of justice.

3. The Asamblea de Representates (Assembly of Representatives)

To be convened after the revolution to create a new Constitution and to elect a new Council of Government and Representatives of the people.

Challenges and

Limitations

This constitution was never fully implemented, since a truce, the Pack of Biak-na-Bato, was signed between the Spanish and the Philippine Revolutionary government.

Primary Source: Preamble of

the Biak-na-Bato Constitution

The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and, therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biak-na-Bato, November 1, 1897, unanimously adopted the following articles for the constitution of the State.

Exiled Leaders’ Return: The Philippines After the Battle of Manila Bay

• After signing the truce, the Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong.

• Upon the defeat of the Spanish to the Americans in the Battle of Manila Bay on May 1, 1898, the United States Navy transported Aguinaldo back in the Philippines.

June 12, 1898: Declaration of

Philippine Independence

The newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo, and the Philippine Declaration of Independence was issued on June 12, 1898, together with several decrees that formed the First Philippine Republic.

Formation of the Malolos

Constitution

The Malolos Congress was elected, which selected a commission to draw up a draft constitution on September 17, 1898, which was composed of wealthy and educated men.

The Political Constitution of 1899:

Founding the Philippine

Legal Framework

The Political Constitution of 1899, written in Spanish, was approved by the Congress on November 29, 1898, and promulgated by Aguinaldo on January 21, 1899.

The 1899 Constitution: Articles, Titles, and Transitory Provisions

The Constitution has 39 articles divided into 14 titles, with eight articles of transitory provisions, and a final additional article.

Constitutional Influences: The Legacy of the Spanish Constitution of 1812 and International Charters on the 1899 Philippine Constitution

Spanish Constitution

of 1812

French Constitution

of 1793

The document was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793.

Comparative Constitutional Analysis: Influential Countries and the 1899 Philippine Constitution

According to Felipe Calderon who was the main author of the constitution, these countries were studied because they shared similar social, political, ethnological, and governance conditions with the Philippines.

Prior Constitutional projects in the Philippines also influenced the Malolos Constitution namely:

1. the Kartilya and the Sangguniang-Hukuman, the charter of laws and morals of the Katipunan written by Emilio Jacinto in 1896;

2. the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho;

3. Mabini's Constitutional Program of the Philippine Republic of 1898;

4. the provisional constitution of Mariano Ponce in 1898 that followed the Spanish constitutions

5. the autonomy projects of Paterno in 1898

Primary Source: Preamble of the Political Constitution of 1899

We, the Representatives of the Filipino People, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following political constitution.

Sovereignty Reclaimed: The People's Power in the Philippine Revolution

• As a direct challenge to colonial authorities of the Spanish empire, the sovereignty was retroverted to the people, a legal principle underlying the Philippine Revolution.

• The people delegated governmental functions to civil servants while they retained actual sovereignty.

Reclaiming Rights: The Pillars of Filipino Sovereignty and Freedom

• The 27 articles of Title IV detail the natural rights and popular sovereignty of Filipinos, the enumeration of which does not imply the prohibition of any other rights not expressly stated.

• Title III, Article V also declares that the State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State.

• These are direct reactions to features of the Spanish government in the Philippines, where the friars were dominant agents of the state.

Pillars of Governance: Popular, Representative, and Responsible

legislative

executive

judicial

The form of government, according to Title II, Article 4 is to be popular, representative, alternative, and responsible, and shall exercise three distinct powers - legislative, executive, and judicial.

The Unicameral Assembly: Legislative Power and Annual Governance

• The legislative power was vested in a unicameral body called the Assembly of Representatives, members of which were elected for terms of four years.

• Secretaries of the government were given seats in the assembly, which meet annually for a period of at least three months.

• Bills could be introduced either by the president or by a member of the assembly. Some powers which are not legislative in nature were also given to the body, such as the right to select its own officers, right censure and interpellation, and the right of impeaching the president, cabinet 3 members, the chief justice of the Supreme Court, and the solicitor-general.

Government Structure and Executive Powers in

malolos 1899

• A permanent commission of seven, elected by the assembly, and granted specific powers by the constitution was to sit during the intervals between sessions of the assembly.

• Executive power was vested in the president, and elected by a constituent assembly of the Assembly of Representatives and special representatives.

Impact of the Treaty of Paris on

the 1899 Malolos Constitution

• The 1899 Malolos Constitution was never enforced due to the on-going war.

• The Philippines was effectively a territory of the United States upon the signing of the Treaty of Paris between Spain and the United States, transferring sovereignty of the Philippines on December 10, 1898.

A Comparative Analysis of Biak-na-Bato (1897) and Malolos (1899) Constitutions: Structures, Rights, and Historical Impact

1. Purpose and Context

2. Government Structure

3. Citizen Rights

4. System of Electing Officials

5. Implementation and Impact

6. Legal and Moral Framework

7. Relations with Spain